Terms and Conditions
Terms and Conditions of Service and User license of Talislife App Human Health Technologies Ltd,a corporation organized under the laws of England and Wales that has its principal place of business at Abacus House, Caxton Place, Pentwyn, Cardiff, Wales, CF23 8HA, Great Britain ("HHT"or “Company”) provides our Stress measurement and management solution accessible via our mobile device application (“TalisLife Lifestyle App or TalisLife App”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our service. The Talislife App (“Talislife App” or “App”), is an App owned and operated by (“HHT”, “we,” or “us”). This Agreement explains and set the terms and conditions by which you may use our App. By accessing the Talislife App and therefore before any use of the App, services, websites, applications, cloud, hardware and software provided through or in connection with the service, in particular through a mobile device (“Service”), you declare that you have read, understood, and agree to be bound by this Agreement. This Agreement governs your access to and use of the Service. We may deliver the Service to you with the assistance of our affiliates, licensors and service providers. You will comply with all laws, rules and regulations Applicable to your use of the Service. We reserve the right to amend this Agreement at any time. If you do not agree to any of the terms and conditions of this Agreement or any future terms and conditions, do not use or access (or continue to access) the Service. This Service includes subscriptions that automatically renew. Please read these terms and conditions of use (the "Terms") carefully before starting the one (1) month trial or completing a purchase for our Service. To avoid being charged you have to cancel your subscription at least 24 hours before the end of the one (1) month free trial or then-current subscription period. If you are unsure how to cancel, please visit the Google Play App Store. Deleting the app does not cancel your subscriptions and trial. This Agreement applies to all users who access the Service (“Users”) Use of our Service If you want to use certain features of the Service you’ll need to subscribe to the Service. You can do this via the App.. You are solely responsible for the activity that occurs from use of the Service. Company may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Company’ s sole determination, you violate any provision of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) uploading invalid data, viruses, worms, or other software agents through the Service; (iii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (iv) interfering with the proper working of the Service; or, (v) bypassing the measures we may use to prevent or restrict access to the Service; or (vi) causing any kind of loss or damage to the Service, to any User thereof, or to Company. (vii) Translate, copy, modify, adapt, disclose, alter, reverse engineer, create derivative works, decompile or disassemble any part of the software of the Service. (viii) sublicense, sublease, lease, sell, distribute, rent, permit concurrent use of or grant other rights in the software of the Service or resell or sublicense the Service (ix) use or access the Service to violate any rights of others or transmit any information or content that is illegal, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or that you do not have a right to make available under any law or under valid contractual or fiduciary relationships; (x) to use the Service in any Application or situation where failure of the Service could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage. Upon termination for any reason, you continue to be bound by this Agreement. Eligibility Company may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Company’ s sole determination, you violate any provision of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) uploading invalid data, viruses, worms, or other software agents through the Service; (iii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (iv) interfering with the proper working of the Service; or, (v) bypassing the measures we may use to prevent or restrict access to the Service; or (vi) causing any kind of loss or damage to the Service, to any User thereof, or to Company. (vii) Translate, copy, modify, adapt, disclose, alter, reverse engineer, create derivative works, decompile or disassemble any part of the software of the Service. (viii) sublicense, sublease, lease, sell, distribute, rent, permit concurrent use of or grant other rights in the software of the Service or resell or sublicense the Service (ix) use or access the Service to violate any rights of others or transmit any information or content that is illegal, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or that you do not have a right to make available under any law or under valid contractual or fiduciary relationships; (x) to use the Service in any Application or situation where failure of the Service could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage. Upon termination for any reason, you continue to be bound by this Agreement. License and Propietary Rights By using the App, you undertake to respect our intellectual rights (“Proprietary Rights) as well as those owned by third parties. As long as you keep using the App, we grant you a limited, non-exclusive, non- transferable non sublicensable, non-assignable and revocable right to access and use the App and Service pursuant to this Agreement (the "License"). You may use our App solely for your own non-commercial purposes. The Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Talislife Content”), and all intellectual property rights related thereto, including all improvements, enhancements, modifications and derivative works thereof, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Talislife Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Fees and Payment The Service is offered on a subscription basis for a fee. You may purchase a subscription directly from the App via the Google App Store either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service for a specific time period (together or separately “Transaction”). To the maximum extent permitted by applicable laws, we may change the fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App Store or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service. By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us and Google Play App Store to charge you for the renewal term. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription. We may offer a trial subscription for the Service. Trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. The Service and your rights to use it expire at the end of the paid period of your subscription. Subscriptions purchased via Google Play App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact Google Play App Store support. Under certain jurisdictions, you have an automatic legal right to withdraw from contracts for purchases of Services. By signing up for our Service which is provided on a continuous basis (such as subscriptions to the App) you expressly request and consent to an immediate supply of such Service. Therefore, if you exercise your right of withdrawal we will deduct from your refund an amount that is in proportion to the Service provided before you communicated to us your withdrawal from the contract. To meet the withdrawal deadline, you need to send your communication to us saying you wish to withdraw from the contract before the withdrawal period has expired. Privacy We care about the privacy of our customers. Click here to view our Privacy Policy https://www.talislife.com/privacy-policy . Please read the Privacy Policy for information regarding how we collect, use and disclose personal information and other information that we collect with the Service. You will ensure that your use of the Service always complies with any privacy policies you have in effect and all Applicable laws and regulations, including any encryption requirements. You agree that you will be responsible under Applicable data privacy laws for the collection, transfer and other processing of personal information by you and us in connection with your use of the Service which may include transfers and processing outside of the country in which the data was collected. You also agree that you will give all necessary notices and obtain all necessary consents to permit you and us to collect, use, transfer and disclose all personal information as contemplated in the Privacy Policy in accordance with all Applicable laws and any other legally binding obligations. You acknowledge and agree that you will ensure that the use of the Service is permitted under your local laws and you agree to indemnify and hold Company harmless if your use the Service is in violation of such local law or any other Applicable law. Company commits not to sell your personal data to any third party, here included your personal interaction with the App. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. App Store and third parties You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Nokia MyDevice App, and/or other app stores (collectively, "App Stores" and each, an "App Store"). ou agree to pay all fees charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of these Terms and will have the right to enforce these Terms. Indemnity You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third- party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of England and Wales or any other country; (v) any claim or damages that arise as a result of any of your content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other Appropriate security code. No Warranty The Service is provided on an “as is” and “as available” basis free of charge and without technical support. Use of the Service is at your own risk. You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your territory. All these charges are solely your responsibility. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non- infringement. Without limiting the foregoing, Company, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct, that the Service will meet your requirements, that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system, mobile device or loss of data that results from such download. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, or featured in any banner or other advertising, and Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws. Limitation of Liability To the maximum extent permitted by Applicable law, in no event shall Company, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein. In no event shall Company, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in any amount. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage. The foregoing limitation of liability shall Apply to the fullest extent permitted by the laws in England and Wales. Health Disclaimer WE DO NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO WELLNESS, MENTAL HEALTH OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, "HEALTHCARE SERVICES"). THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH AND WELNESS GOALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE PROVIDED BY US IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF A CONSULTATION WITH YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONALS. Governing Laws and Assignment This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than England and Wales. This Agreement shall be governed by the internal substantive laws of England and Wales , without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Service or relating to the Service shall be decided exclusively by a court of competent jurisdiction located in London. We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law. - If you are a resident of the European Union: Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live. You may bring any dispute which may arise under the Terms to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. - If you choose to access or use the App from or in locations outside of the European Union or England you are responsible for: a) ensuring that what you are doing in that country is legal; and b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations. Company reserves the right to determine the form and means of providing notifications to the User, provided that you may opt out of certain means of notification as described in this Agreement You will direct legal notices or other correspondence to the attention of TalisLife at